Código de Processo Penal Comentado | Flavio Meirelles Medeiros

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Art. 278. In the case of non-appearance of the expert, without just cause, the authority may order his appointment.

expert driving

Hearing of experts:  Pursuant to  article 159, paragraph 5 , during the course of the judicial process, the parties are allowed to request the hearing of experts to clarify the evidence, or to answer questions. In the common process, according to article 400, paragraph 2, the clarifications of the experts will depend on the prior request of the parties. In proceedings under the competence of the Jury Court, there is an identical provision (article 411, paragraph 1).

Hearing of the experts in the Plenary of the Jury:  During the instruction in the Plenary of the Jury,  the parties and jurors may request confrontations, recognition of people and things and clarification from the experts  (article 473, paragraph 3).

Coercive conduct:  The coercive conduct of the expert is not appropriate for carrying out the expertise. It is, however, admissible when your presence at the hearing is necessary to provide clarification.


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